HOUSE BILL ANALYSIS

                     HB 1194

Brief Description:  Requiring employers to allow mothers to breast-feed.

Sponsors:  Representatives Cody, McMorris, Clements, Conway, Wood, Hatfield, Honeyford, Romero, Skinner, Dyer, Chopp, Murray, Morris, Keiser, Cooper and Mason

                  Hearing:  February 3, 1997

BACKGROUND:

State laws.  Washington does not have statutes that address the right of a woman to breast-feed her child.  Several other states have enacted laws specifically addressing this issue.  For example, breast-feeding in New York is a civil right and a woman is entitled to breast-feed her child in any public or private location where she is authorized to be.  Both Florida and Texas have statutes that entitle a mother to breast-feed and that allow facilities or businesses to use "baby-friendly" or "mother-friendly" designations in promotional materials if the entity develops a qualified breast-feeding policy.

Federal court cases.  A 1981 Florida case addressed the issue of whether a mother's breast-feeding of her child is within the privacy or personal liberty rights protected from undue state interference under the federal Constitution.  In this case, a teacher requested permission to breast-feed her child in a private room at school during her non-duty lunch hour or, in the alternative, to leave the school grounds during that period to breast-feed.  The school refused, citing its policies prohibiting teachers from bringing their children to work and from leaving the school premises during the school day.

The federal Court of Appeals for the Fifth Circuit refused to dismiss the teacher's claim, holding that:

!the Constitution protects from excessive state interference a woman's decision to breast-feed her child.  The decision was found to be part of the parents' interest in nurturing and rearing their children. 

!the constitutional protection of the parents' interest is not absolute.  It may be subordinate to the school board's interest in policies that interfere with a breast-feeding decision if the policies (1) further state interests that are sufficiently important to justify the regulations and (2) are narrowly drawn to effectuate only those interests.

At least two other federal cases involving incarcerated mothers have used a similar analysis to analyze whether the state's interests in deterrence and retribution, and in maintaining security, would be undermined by accommodating female prisoners who choose to breast-feed.

SUMMARY OF BILL:

The Legislature finds that infant breast-feeding is a basic act of nurture to be encouraged for health and family value reasons and recognizes that workplace policies protecting the right to breast-feed will further these goals.

A woman is authorized to breast-feed her infant child at the workplace in any public or private location where she is permitted to be.  "Infant child" means a child under two years of age.

A public or private sector employer that wishes to use a "baby-friendly" designation in its promotional materials must develop a workplace policy on breast-feeding approved by the Department of Health.  The policy must address flexible work scheduling, accessible private locations and clean water facilities, and hygienic milk storage alternatives.

RULES AUTHORITY:  The bill does not contain provisions addressing the rule-making powers of an agency.

FISCAL NOTE:  Requested January 29, 1997.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.